Chapter 2927: MISCELLANEOUS OFFENSES

(A)
No person,
except as authorized by law, shall treat a human corpse in a way that the
person knows would outrage reasonable family sensibilities.

(B)
No person, except as authorized by law,
shall treat a human corpse in a way that would outrage reasonable community
sensibilities.

(C)
Whoever
violates division (A) of this section is guilty of abuse of a corpse, a
misdemeanor of the second degree. Whoever violates division (B) of this section
is guilty of gross abuse of a corpse, a felony of the fifth degree.

(A)
As used in this section and
sections 2927.021 and
2927.022 of the Revised Code:

(1)
"Age verification" means a service provided by an
independent third party (other than a manufacturer, producer, distributor,
wholesaler, or retailer of cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes) that compares information
available from a commercially available database, or aggregate of databases,
that regularly are used by government and businesses for the purpose of age and
identity verification to personal information provided during an internet sale
or other remote method of sale to establish that the purchaser is eighteen
years of age or older.

(a)
"Alternative nicotine product" means, subject to division
(A)(2)(b) of this section, an electronic cigarette or any other product or
device that consists of or contains nicotine that can be ingested into the body
by any means, including, but not limited to, chewing, smoking, absorbing,
dissolving, or inhaling.

(b)
"Alternative nicotine product" does not include any of the
following:

(5)
"Distribute"
means to furnish, give, or provide cigarettes, other tobacco products,
alternative nicotine products, or papers used to
roll cigarettes to the ultimate consumer of the cigarettes, other tobacco
products, alternative nicotine products, or
papers used to roll cigarettes.

(a)
"Electronic cigarette" means, subject to division (A)(6)(b)
of this section, any electronic product or device that produces a vapor that
delivers nicotine or any other substance to the person inhaling from the device
to simulate smoking and that is likely to be offered to or purchased by
consumers as an electronic cigarette, electronic cigar, electronic cigarillo,
or electronic pipe.

(b)
"Electronic cigarette" does not include any item, product,
or device described in divisions (A)(2)(b)(i) to (iv) of this
section.

(7)
"Proof of age" means a driver's license, a commercial driver's license, a
military identification card, a passport, or an identification card issued
under sections 4507.50 to 4507.52 of the Revised Code that shows that a person
is eighteen years of age or older.

(8)
"Tobacco product"
means any product that is made from tobacco, including, but not limited to, a
cigarette, a cigar, pipe tobacco, chewing tobacco, or snuff.

(9)
"Vending machine"
has the same meaning as "coin machine" in section 2913.01 of the Revised
Code.

(B)
No manufacturer, producer, distributor,
wholesaler, or retailer of cigarettes, other tobacco products,
alternative nicotine products, or papers used to
roll cigarettes, no agent, employee, or representative of a manufacturer,
producer, distributor, wholesaler, or retailer of cigarettes, other tobacco
products, alternative nicotine products, or
papers used to roll cigarettes, and no other person shall do any of the
following:

(1)
Give, sell,
or otherwise distribute cigarettes, other tobacco products,
alternative nicotine products, or papers used to
roll cigarettes to any child;

(2)
Give away, sell, or distribute cigarettes, other tobacco products,
alternative nicotine products, or papers used to
roll cigarettes in any place that does not have posted in a conspicuous place a
sign stating that giving, selling, or otherwise distributing cigarettes, other
tobacco products, alternative nicotine products,
or papers used to roll cigarettes to a person under eighteen years of age is
prohibited by law;

(3)
Knowingly
furnish any false information regarding the name, age, or other identification
of any child with purpose to obtain cigarettes, other tobacco products,
alternative nicotine products, or papers used to
roll cigarettes for that child;

(4)
Manufacture, sell, or distribute in this state any pack or other container of
cigarettes containing fewer than twenty cigarettes or any package of
roll-your-own tobacco containing less than six-tenths of one ounce of
tobacco;

(5)
Sell
cigarettes or alternative nicotine products in a
smaller quantity than that placed in the pack or other container by the
manufacturer;

(6)
Give, sell, or otherwise distribute alternative nicotine
products, papers used to roll cigarettes, or tobacco products other than
cigarettes over the internet or through another remote method without age
verification.

(C)
No
person shall sell or offer to sell cigarettes , other tobacco
products, or alternative nicotine products by or
from a vending machine, except in the following locations:

(1)
An
area within a factory, business, office, or other place not open to the general
public;

(3)
Any
other place not identified in division (C)(1) or (2) of this section, upon all
of the following conditions:

(a)
The vending
machine is located within the immediate vicinity, plain view, and control of
the person who owns or operates the place, or an employee of that person, so
that all cigarettes , other tobacco product, and
alternative nicotine product purchases from the vending machine will be
readily observed by the person who owns or operates the place or an employee of
that person. For the purpose of this section, a vending machine located in any
unmonitored area, including an unmonitored coatroom, restroom, hallway, or
outer waiting area, shall not be considered located within the immediate
vicinity, plain view, and control of the person who owns or operates the place,
or an employee of that person.

(b)
The
vending machine is inaccessible to the public when the place is
closed.

(D)
The following are affirmative defenses to a charge under division (B)(1) of
this section:

(1)
The child
was accompanied by a parent, spouse who is eighteen years of age or older, or
legal guardian of the child.

(2)
The
person who gave, sold, or distributed cigarettes, other tobacco products,
alternative nicotine products, or papers used to
roll cigarettes to a child under division (B)(1) of this section is a parent,
spouse who is eighteen years of age or older, or legal guardian of the
child.

(E)
It is not a violation of division (B)(1) or (2) of
this section for a person to give or otherwise distribute to a child
cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes while the child is
participating in a research protocol if all of the following apply:

(1)
The
parent, guardian, or legal custodian of the child has consented in writing to
the child participating in the research protocol.

(2)
An
institutional human subjects protection review board, or an equivalent entity,
has approved the research protocol.

(3)
The
child is participating in the research protocol at the facility or location
specified in the research protocol.

(1)
Whoever violates division (B)(1), (2), (4), (5), or (6) or
(C) of this section is guilty of illegal distribution of cigarettes
, other
tobacco products, or alternative nicotine products.
Except as otherwise provided in this division, illegal distribution of
cigarettes, other tobacco products, or alternative nicotine products is a
misdemeanor of the fourth degree. If the offender previously has been convicted
of a violation of division (B)(1), (2), (4), (5), or (6) or
(C) of this section, illegal distribution of cigarettes
, other
tobacco products, or alternative nicotine
products is a misdemeanor of the third degree.

(2)
Whoever violates division (B)(3) of this section is guilty of permitting
children to use cigarettes , other tobacco products, or
alternative nicotine products. Except as otherwise provided in this division,
permitting children to use cigarettes, other tobacco products, or alternative
nicotine products is a misdemeanor of the fourth degree. If the offender
previously has been convicted of a violation of division (B)(3) of this
section, permitting children to use cigarettes , other tobacco
products, or alternative nicotine products is a
misdemeanor of the third degree.

(G)
Any cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes that are given,
sold, or otherwise distributed to a child in violation of this section and that
are used, possessed, purchased, or received by a child in violation of section
2151.87 of the Revised Code are subject to seizure and forfeiture as contraband
under Chapter 2981. of the Revised Code.

(1)
"Card
holder" means any person who presents a driver's or commercial driver's license
or an identification card to a seller, or an agent or employee of a seller, to
purchase or receive cigarettes , other tobacco products, or
alternative nicotine products from the seller, agent, or
employee.

(3)
"Seller" means a seller of cigarettes , other tobacco
products, or alternative nicotine products and
includes any person whose gift of or other distribution of cigarettes
, other
tobacco products, or alternative nicotine
products is subject to the prohibitions of section 2927.02 of the Revised
Code.

(4)
"Transaction
scan" means the process by which a seller or an agent or employee of a seller
checks, by means of a transaction scan device, the validity of a driver's or
commercial driver's license or an identification card that is presented as a
condition for purchasing or receiving cigarettes , other tobacco
products, or alternative nicotine
products.

(5)
"Transaction
scan device" means any commercial device or combination of devices used at a
point of sale that is capable of deciphering in an electronically readable
format the information encoded on the magnetic strip or bar code of a driver's
or commercial driver's license or an identification card.

(1)
A
seller or an agent or employee of a seller may perform a transaction scan by
means of a transaction scan device to check the validity of a driver's or
commercial driver's license or identification card presented by a card holder
as a condition for selling, giving away, or otherwise distributing to the card
holder cigarettes , other tobacco products, or
alternative nicotine products.

(2)
If
the information deciphered by the transaction scan performed under division
(B)(1) of this section fails to match the information printed on the driver's
or commercial driver's license or identification card presented by the card
holder, or if the transaction scan indicates that the information so printed is
false or fraudulent, neither the seller nor any agent or employee of the seller
shall sell, give away, or otherwise distribute any cigarettes
, other
tobacco products, or alternative nicotine
products to the card holder.

(3)
Division (B)(1) of this section does not preclude a seller or an agent or
employee of a seller from using a transaction scan device to check the validity
of a document other than a driver's or commercial driver's license or an
identification card, if the document includes a bar code or magnetic strip that
may be scanned by the device, as a condition for selling, giving away, or
otherwise distributing cigarettes , other tobacco products, or
alternative nicotine products to the person presenting the
document.

(C)
Rules adopted by the registrar of motor vehicles
under division (C) of section 4301.61 of the Revised Code apply to the use of
transaction scan devices for purposes of this section and section 2927.022 of
the Revised Code.

(1)
No seller or agent or employee of a seller shall
electronically or mechanically record or maintain any information derived from
a transaction scan, except the following:

(a)
The
name and date of birth of the person listed on the driver's or commercial
driver's license or identification card presented by a card holder;

(b)
The
expiration date and identification number of the driver's or commercial
driver's license or identification card presented by a card
holder.

(2)
No seller or agent or employee of a seller shall
use the information that is derived from a transaction scan or that is
permitted to be recorded and maintained under division (D)(1) of this section,
except for purposes of section 2927.022 of the Revised Code.

(3)
No
seller or agent or employee of a seller shall use a transaction scan device for
a purpose other than the purpose specified in division (B)(1) of this
section.

(4)
No seller or agent or employee of a seller shall
sell or otherwise disseminate the information derived from a transaction scan
to any third party, including, but not limited to, selling or otherwise
disseminating that information for any marketing, advertising, or promotional
activities, but a seller or agent or employee of a seller may release that
information pursuant to a court order or as specifically authorized by section
2927.022 or another section of the Revised Code.

(E)
Nothing in this section or section 2927.022 of the Revised Code relieves a
seller or an agent or employee of a seller of any responsibility to comply with
any other applicable state or federal laws or rules governing the sale, giving
away, or other distribution of cigarettes , other tobacco
products, or alternative nicotine
products.

(F)
Whoever violates division (B)(2) or (D) of this
section is guilty of engaging in an illegal tobacco product
or alternative nicotine product transaction scan,
and the court may impose upon the offender a civil penalty of up to one
thousand dollars for each violation. The clerk of the court shall pay each
collected civil penalty to the county treasurer for deposit into the county
treasury.

(A)
A seller or an agent or employee of a seller may
not be found guilty of a charge of a violation of section 2927.02 of the
Revised Code in which the age of the purchaser or other recipient of cigarettes
, other
tobacco products, or alternative nicotine
products is an element of the alleged violation, if the seller, agent, or
employee raises and proves as an affirmative defense that all of the following
occurred:

(1)
A card
holder attempting to purchase or receive cigarettes , other tobacco
products, or alternative nicotine products
presented a driver's or commercial driver's license or an identification
card.

(2)
A
transaction scan of the driver's or commercial driver's license or
identification card that the card holder presented indicated that the license
or card was valid.

(3)
The
cigarettes , other tobacco products, or
alternative nicotine products were sold, given away, or otherwise
distributed to the card holder in reasonable reliance upon the identification
presented and the completed transaction scan.

(B)
In
determining whether a seller or an agent or employee of a seller has proven the
affirmative defense provided by division (A) of this section, the trier of fact
in the action for the alleged violation of section 2927.02 of the Revised Code
shall consider any written policy that the seller has adopted and implemented
and that is intended to prevent violations of section 2927.02 of the Revised
Code. For purposes of division (A)(3) of this section, the trier of fact shall
consider that reasonable reliance upon the identification presented and the
completed transaction scan may require a seller or an agent or employee of a
seller to exercise reasonable diligence to determine, and that the use of a
transaction scan device does not excuse a seller or an agent or employee of a
seller from exercising reasonable diligence to determine, the following:

(1)
Whether a person to whom the seller or agent or employee of a seller sells,
gives away, or otherwise distributes cigarettes , other tobacco
products, or alternative nicotine products is
eighteen years of age or older;

(2)
Whether the description and picture appearing on the driver's or commercial
driver's license or identification card presented by a card holder is that of
the card holder.

(C)
In
any criminal action in which the affirmative defense provided by division (A)
of this section is raised, the registrar of motor vehicles or a deputy
registrar who issued an identification card under sections 4507.50 to 4507.52
of the Revised Code shall be permitted to submit certified copies of the
records of that issuance in lieu of the testimony of the personnel of or
contractors with the bureau of motor vehicles in the action.

(1)
No person
shall cause to be shipped any cigarettes to any person in this state other than
an authorized recipient of tobacco products.

(2)
No motor carrier, or other person
shall knowingly transport cigarettes to any person in this state that the
carrier or other person reasonably believes is not an authorized recipient of
tobacco products. If cigarettes are transported to a home or residence, it
shall be presumed that the motor carrier, or other person
knew that the person to whom the cigarettes were delivered was not an
authorized recipient of tobacco products.

(C)
No person engaged in the business of selling
cigarettes who ships or causes to be shipped cigarettes to any person in this
state in any container or wrapping other than the original container or
wrapping of the cigarettes shall fail to plainly and visibly mark the exterior
of the container or wrapping in which the cigarettes are shipped with the words
"cigarettes."

(D)
A court shall impose a fine of up to one thousand
dollars for each violation of division (B)(1), (B)(2), or (C) of this
section.

(A)
No person,
whether or not acting under color of law, shall by force or threat of force
willfully injure, intimidate, or interfere with, or attempt to injure,
intimidate, or interfere with, any of the following:

(1)
Any person because of race, color,
religion, sex, familial status as defined in section
4112.01 of the Revised Code,
national origin, military status as defined in that section, disability as
defined in that section, or ancestry and because that person is or has been
selling, purchasing, renting, financing, occupying, contracting, or negotiating
for the sale, purchase, rental, financing, or occupation of any housing
accommodations, or applying for or participating in any service, organization,
or facility relating to the business of selling or renting housing
accommodations;

(2)
Any person
because that person is or has been doing, or in order to intimidate that person
or any other person or any class of persons from doing, either of the
following:

(a)
Participating, without
discrimination on account of race, color, religion, sex, familial status as
defined in section
4112.01 of the Revised Code,
national origin, military status as defined in that section, disability as
defined in that section, or ancestry, in any of the activities, services,
organizations, or facilities described in division (A)(1) of this section;

(b)
Affording another person or
class of persons opportunity or protection so to participate.

(3)
Any person because
that person is or has been, or in order to discourage that person or any other
person from, lawfully aiding or encouraging other persons to participate,
without discrimination on account of race, color, religion, sex, familial
status as defined in section
4112.01 of the Revised Code,
national origin, military status as defined in that section, disability as
defined in that section, or ancestry, in any of the activities, services,
organizations, or facilities described in division (A)(1) of this section, or
participating lawfully in speech or peaceful assembly opposing any denial of
the opportunity to so participate.

(B)
Whoever violates division (A) of this section is
guilty of a misdemeanor of the first degree.

(B)
Whoever
violates this section is guilty of desecration. A violation of division (A)(1),
(2), (3), (5), or (6) of this section is a misdemeanor of the second degree.
Except as otherwise provided in this division, a violation of division (A)(4)
of this section is a felony of the fifth degree that is punishable by a fine of
up to two thousand five hundred dollars in addition to the penalties specified
for a felony of the fifth degree in sections
2929.13 to
2929.18 of the Revised Code. If
the value of the property or the amount of physical harm involved in a
violation of division (A)(4) of this section is five thousand dollars or more
but less than one hundred thousand dollars, a violation of that division is a
felony of the fourth degree. If the value of the property or the amount of
physical harm involved in a violation of division (A)(4) of this section is one
hundred thousand dollars or more, a violation of that division is a felony of
the third degree.

(C)
As used in
this section, "cemetery" means any place of burial and includes burial sites
that contain American Indian burial objects placed with or containing American
Indian human remains.

(A)
No person
shall violate section
2903.21,
2903.22,
2909.06, or
2909.07, or division (A)(3), (4),
or (5) of section
2917.21 of the Revised Code by
reason of the race, color, religion, or national origin of another person or
group of persons.

(B)
Whoever
violates this section is guilty of ethnic intimidation. Ethnic intimidation is
an offense of the next higher degree than the offense the commission of which
is a necessary element of ethnic intimidation.

(A)
No person,
with knowledge that the person is a carrier of a virus that causes acquired
immune deficiency syndrome, shall sell or donate the person's blood, plasma, or
a product of the person's blood, if the person knows or should know the blood,
plasma, or product of the person's blood is being accepted for the purpose of
transfusion to another individual.

(B)
Whoever violates this section is guilty of selling
or donating contaminated blood, a felony of the fourth degree.

(1)
Division (A) of this section does not apply to any of the following:

(a)
The
collection of any bodily substance of a person by a law enforcement officer, or
by another person pursuant to the direction or advice of a law enforcement
officer, for purposes of a chemical test or tests of the substance under
division (A)(1) of section
1547.111 or division (A)(2) of
section 4511.191 of the Revised Code to
determine the alcohol, drug, controlled substance, metabolite of a controlled
substance, or combination content of the bodily substance;

(b)
The
collection of any bodily substance of a person by a peace officer, or by
another person pursuant to the direction or advice of a peace officer, for
purposes of a test or tests of the substance as provided in division (A) of
section 4506.17 of the Revised Code to
determine the person's alcohol concentration or the presence of any controlled
substance or metabolite of a controlled substance.

(2)
Division (B)(1) of this section shall not be construed as implying that the
persons identified in divisions (B)(1)(a) and (b) of this section do not have
privilege to collect the bodily substance of another person as described in
those divisions or as limiting the definition of "privilege" set forth in
section 2901.01 of the Revised Code.

(C)
Whoever violates division (A) of this section is
guilty of unlawful collection of a bodily substance. Except as otherwise
provided in this division, unlawful collection of a bodily substance is a
misdemeanor of the first degree. If the offender previously has been convicted
of or pleaded guilty to a violation of division (A) of this section, unlawful
collection of a bodily substance is a felony of the fifth degree.

(A)
No person, by means of a
statement, solicitation, or offer in a print or electronic publication, sign,
placard, storefront display, or other medium, shall advertise massage,
relaxation massage, any other massage technique or method, or any related
service, with the suggestion or promise of sexual activity.

(B)
Whoever violates this section is guilty of unlawful
advertising of massage, a misdemeanor of the first degree.

(C)
Nothing in this section prevents the legislative
authority of a municipal corporation or township from enacting any regulation
of the advertising of massage further than and in addition to the provisions of
divisions (A) and (B) of this section.

(D)
As used in this section, "sexual activity" has the
same meaning as in section 2907.01 of the Revised Code.

(i)
A conspiracy or attempt
to commit, or complicity in committing, any offense under division (A)(1)(a),
(b), (c), (d), (e), (f), (g), or (h) of this section.

(2)
"Proceeds" has the same
meaning as in section
2981.01 of the Revised
Code.

(3)
"Vehicle" has the same
meaning as in section
4501.01 of the Revised
Code.

(B)
No person shall receive, retain, possess, or dispose
of proceeds knowing or having reasonable cause to believe that the proceeds
were derived from the commission of an offense subject to forfeiture
proceedings.

(C)
It is not a defense to a
charge of receiving proceeds of an offense subject to forfeiture proceedings in
violation of this section that the proceeds were derived by means other than
the commission of an offense subject to forfeiture proceedings if the property
was explicitly represented to the accused person as having been derived from
the commission of an offense subject to forfeiture proceedings.

(D)
A person shall be
considered to have received, retained, possessed, or disposed of proceeds if
the proceeds are found anywhere in a vehicle and the person was the last person
who operated the vehicle immediately prior to the search of the vehicle by the
law enforcement officer who found the proceeds.

(E)
Whoever violates this section is guilty of receiving
proceeds of an offense subject to forfeiture proceedings. If the value of the
proceeds involved is less than one thousand dollars, receiving proceeds of an
offense subject to forfeiture proceedings is a misdemeanor of the first degree.
If the value of the proceeds involved is one thousand dollars or more and is
less than twenty-five thousand dollars, receiving proceeds of an offense
subject to forfeiture proceedings is a felony of the fifth degree. If the value
of the proceeds involved is twenty-five thousand dollars or more and is less
than one hundred fifty thousand dollars, receiving proceeds of an offense
subject to forfeiture proceedings is a felony of the fourth degree. If the
value of the proceeds involved is one hundred fifty thousand dollars or more,
receiving proceeds of an offense subject to forfeiture proceedings is a felony
of the third degree.

(1)
"Booking photograph" means a photograph of a subject
individual that was taken in this state by an arresting law enforcement
agency.

(2)
"Criminal record information" means a booking
photograph or the name, address, charges filed, or description of a subject
individual who is asserted or implied to have engaged in illegal
conduct.

(3)
"Law enforcement agency" has the same meaning as in
section 109.573 of the Revised
Code.

(4)
"Subject individual" means an individual who was
arrested and had the individual's photograph taken by a law enforcement agency
during the processing of the arrest.

(B)
No person engaged in publishing or otherwise
disseminating criminal record information through a print or electronic medium
shall negligently solicit or accept from a subject individual the payment of a
fee or other consideration to remove, correct, modify, or refrain from
publishing or otherwise disseminating criminal record
information.

(C)
A violation of division (B) of this section is misuse
of criminal record information, a misdemeanor of the first
degree.

(D)
Each payment solicited or accepted in violation of
this section constitutes a separate violation.

(E)
In a civil action brought pursuant to section
2307.60 of the Revised Code for
a violation of this section, a subject individual who suffers a loss or harm as
a result of the violation may be awarded an amount equal to ten thousand
dollars or actual and punitive damages, whichever is greater, and in addition
may be awarded reasonable attorney's fees, court costs, and any other remedies
provided by law. Humiliation or embarrassment shall be adequate to show that
the plaintiff has incurred damages. No physical manifestation of either
humiliation or embarrassment is necessary for damages to be
shown.

(c)
Any substance or item that
releases or is designed to release radiation or radioactivity at a level
dangerous to human life.

(4)
"Biological agent" means any
microorganism, virus, infectious substance, or biological product that may be
engineered through biotechnology, or any naturally occurring or bioengineered
component of any microorganism, virus, infectious substance, or biological
product that may be engineered through biotechnology, capable of causing death,
disease, or other biological malfunction in a human, an animal, a plant, or
another living organism, deterioration of food, water, equipment, supplies, or
material of any kind, or deleterious alteration of the environment.

(5)
"Toxin" means the toxic material of
plants, animals, microorganisms, viruses, fungi, or infectious substances, or a
recombinant molecule, whatever its origin or method of reproduction, including,
but not limited to, any poisonous substance or biological product that may be
engineered through biotechnology or produced by a living organism and any
poisonous isomer or biological product, homolog, or derivative of any substance
or product of that nature.

(B)
Except as provided in division (D) of this
section, no person shall do any of the following:

(1)
Knowingly mingle a poison, hazardous
chemical, biological, or radioactive substance, or other harmful substance with
a food, drink, nonprescription drug, prescription drug, or pharmaceutical
product, or knowingly place a poison, hazardous chemical, biological, or
radioactive substance, or other harmful substance in a spring, well, reservoir,
or public water supply, if the person knows or has reason to know that the
food, drink, nonprescription drug, prescription drug, pharmaceutical product,
or water may be ingested or used by another person. For purposes of this
division, a person does not know or have reason to know that water may be
ingested or used by another person if it is disposed of as waste into a
household drain including the drain of a toilet, sink, tub, or floor.

(2)
Knowingly release into the air,
knowingly leave in any public place, or knowingly expose one or more persons to
any hazardous chemical, biological, or radioactive substance with the intent to
cause, or create a risk of, death or serious physical harm to any person.

(1)
Inform another
person that a poison, hazardous chemical, biological, or radioactive substance,
or other harmful substance has been or will be placed in a food, drink,
nonprescription drug, prescription drug, or other pharmaceutical product,
spring, well, reservoir, or public water supply, if the placement of the poison
or substance would be a violation of division (B)(1) of this section, and the
person knows both that the information is false and that the information likely
will be disseminated to the public.

(2)
Inform another person that a hazardous
chemical, biological, or radioactive substance has been or will be released
into the air or left in a public place, or that one or more persons has been or
will be exposed to a hazardous chemical, biological, or radioactive substance,
if the release, leaving, or exposure of the hazardous chemical, biological, or
radioactive substance would be a violation of division (B)(2) of this section,
and the person knows both that the information is false and that the
information likely will be disseminated to the general public.

(1)
A person may mingle a drug with a food or drink
for the purpose of causing the drug to be ingested or used in the quantity
described by its labeling or prescription.

(2)
A person may place a poison or other harmful
substance in a spring, well, reservoir, or public water supply in such quantity
as is necessary to treat the spring, well, reservoir, or water supply to make
it safe for human consumption and use.

(3)
The provisions of division (B) of this section
shall not be applied in a manner that conflicts with any other state or federal
law or rule relating to substances permitted to be applied to or present in any
food, raw or processed, any milk or milk product, any meat or meat product, any
type of crop, water, or alcoholic or nonalcoholic beverage.

(1)
Whoever violates division (B)(1) or (2) of this
section is guilty of contaminating a substance for human consumption or use or
contamination with a hazardous chemical, biological, or radioactive substance.
Except as otherwise provided in this division, contaminating a substance for
human consumption or use or contamination with a hazardous chemical,
biological, or radioactive substance is a felony of the first degree. If the
offense involved an amount of poison, the hazardous chemical, biological, or
radioactive substance, or the other harmful substance sufficient to cause death
if ingested or used by a person regarding a violation of division (B)(1) of
this section or sufficient to cause death to persons who are exposed to it
regarding a violation of division (B)(2) of this section or if the offense
resulted in serious physical harm to another person, whoever violates division
(B)(1) or (2) of this section shall be imprisoned for life with parole
eligibility after serving fifteen years of imprisonment.

(2)
Whoever violates division (C)(1) or (2) of this
section is guilty of spreading a false report of contamination, a felony of the
fourth degree.

(F)
Divisions (C)(1) and (2) of this section do not limit or affect the application
of sections
2917.31 or
2917.32 of the Revised Code. Any
act that is a violation of both division (C)(1) or (2) of this section and of
section 2917.31 or
2917.32 of the Revised Code may be
prosecuted under this section, section
2917.31 or
2917.32 of the Revised Code, or
both this section and section
2917.31 or
2917.32 of the Revised Code.

(a)
Qualified, licensed, and
appointed as a surety bail bond agent under sections
3905.83 to
3905.95 of the Revised Code;

(b)
Licensed as a surety bail bond
agent by the state where the bond was written;

(c)
Licensed as a private investigator under
Chapter 4749. of the Revised Code;

(d)
Licensed as a private investigator by the
state where the bond was written;

(e)
An off-duty peace officer, as defined in
section 2921.51 of the Revised Code.

(2)
The person, prior to
apprehending, detaining, or arresting the principal, has entered into a written
contract with the surety or with a licensed surety bail bond agent appointed by
the surety, which contract sets forth the name of the principal who is to be
apprehended, detained, or arrested.

For purposes of division (A)(2) of this section, "surety" has
the same meaning as in section
3905.83 of the Revised Code.

(3)
The person, prior to
apprehending, detaining, or arresting the principal, has notified the local law
enforcement agency having jurisdiction over the area in which such activities
will be performed and has provided any form of identification or other
information requested by the law enforcement agency.

(B)
No person shall represent the person's
self to be a bail enforcement agent or bounty hunter, or claim any similar
title, in this state.

(2)
A violation of division (A) of this section is a
misdemeanor of the first degree or, if the offender previously has been
convicted of or pleaded guilty to two or more violations of division (A) of
this section, a felony of the third degree.

(3)
A violation of division (B) of this section is a
misdemeanor of the first degree or, if the offender previously has been
convicted of or pleaded guilty to two or more violations of division (B) of
this section, a felony of the third degree.